Pro Bono Appeal Opportunity dealing with section 523(a)(4)
Posted: Thu Jan 31, 2013 9:38 am
X-eGroups-Edited-By: easky1
Dear Listserv, I have a pro bono litigation opportunity which involves an appeal of a decision dealing with nondischargeability for defalcation under 523(a)(4). I feel that I am not prepared to appeal a case at this time, otherwise I would do it myself. I took this case from Public Counsel (before I was told I was no longer welcome there). Plaintiff filed a Summary Judgment motion, and I opposed it. Judge Robles granted the motion, holding that debt incurred to purchase agricultural commodities under the provisions of the Perishable Agricultural Commodities Act (PACA), and which spoil before being sold, cannot be discharged. He held that strict liability applies in this situation, that is to say, bankruptcy can never discharge debt incurred to buy agricultural goods for resale. The judge also rejected the argument that inability to sell produce is not misappropriation for purposes of defalcation, that inability to sell produce is not a "failure to account" for such produce, and that other evidence besides dumping certificates filed with the F.D.A. is acceptable to show that the goods spoiled before being sold. The case number is 2:12-ap-01399-ER. If interested in appealing this case, please contact me privately. The order granting summary judgment was entered on January 24, 2013, and there may be limited time to appeal this case. Sincerely,Arsen Pogosov
The post was migrated from Yahoo.
Dear Listserv, I have a pro bono litigation opportunity which involves an appeal of a decision dealing with nondischargeability for defalcation under 523(a)(4). I feel that I am not prepared to appeal a case at this time, otherwise I would do it myself. I took this case from Public Counsel (before I was told I was no longer welcome there). Plaintiff filed a Summary Judgment motion, and I opposed it. Judge Robles granted the motion, holding that debt incurred to purchase agricultural commodities under the provisions of the Perishable Agricultural Commodities Act (PACA), and which spoil before being sold, cannot be discharged. He held that strict liability applies in this situation, that is to say, bankruptcy can never discharge debt incurred to buy agricultural goods for resale. The judge also rejected the argument that inability to sell produce is not misappropriation for purposes of defalcation, that inability to sell produce is not a "failure to account" for such produce, and that other evidence besides dumping certificates filed with the F.D.A. is acceptable to show that the goods spoiled before being sold. The case number is 2:12-ap-01399-ER. If interested in appealing this case, please contact me privately. The order granting summary judgment was entered on January 24, 2013, and there may be limited time to appeal this case. Sincerely,Arsen Pogosov
The post was migrated from Yahoo.